2. Mudasir Yousuf Bhat v. Union of India [Jammu & Kashmir High Court]

Service Law - Central Reserve Police Force (CRPF) Rules, 1955 - Art.311(2)(b) r/w. R.27(ii)(cc) - Dismissal, reduction or removal of persons employed in civil capacities under the State - A constitutional right conferred upon the delinquent under Article 311(2) cannot be dispensed with lightly or arbitrarily. It cannot be used as an alternative and shortcut to the holding of regular inquiry. The decision to dispense with the departmental inquiry cannot be rested solely on the ipse dixit of the delinquent authority. When the satisfaction of the concerned authority is questioned in a Court of law, it is incumbent on those who support the order to show that the satisfaction is based on certain objective facts and is not the outcome of whim or caprice of the concerned officer.

Evidence Act, 1872 - S. 113B - Penal Code, 1860 - Ss. 498A, 304B & 306 r/w. 34 - deceased falling in the well - deceased was subjected to cruelty soon before her death in connection with a dowry demand is not established - accidental death is a real possibility.

Maharashtra Region and Town Planning Act, 1966 - S. 127 - Right accruing to the Petitioner by virtue of the purchase notice cannot be taken away by placing reliance upon a subsequent sanctioned Revised Development Plan which once again reserves the said land for public purpose. This subsequent reservation will have no legal effect.